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To Our Country Bail Pending The Review And The Consummation

Posted on:2012-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:B ChenFull Text:PDF
GTID:2166330335980042Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Bail is a kind of legal system according to which a suspect or a defendant is obliged to appear for trial in the judicial departments at the appointed time and place. It is an important part of the criminal law in China, and it plays a very important role in the protection of human rights in criminal proceedings. The many problems existed in legislation and implementation of bail on the mainland China now have attracted much attention of the practitioners and theorists in the field. Therefore it is of great significance to do this research. Taking the basic nature of bail as a cutting point, the author mainly analyzes the problems in our bail system and further suggests some ways to complete it.The first part is the analysis of the nature of the bail system in China. It points out that the nature of Chinese bail system is a kind of"power system", which involves the power of public security,investigation and prosecution and justice departments, bail and pointed out the difference with the bail system.The second part is about the defects in the current bail system. They can be summarized as several points: the singleness of modes, lack of maneuverability, inadaptability in its objects and situations and poor effect of bail practice to a large degree. As far as supervision is concerned, many problems can be found in legislation, judicial practice and social values. In addition, the punishment for violation of bail obligation is still relatively soft. Such defects lead to the protruding problems in judicial practice. The third part mainly deals with the perfection of the defects in bail system listed in the previous two parts.
Keywords/Search Tags:bail, defects, perfection
PDF Full Text Request
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